This excerpt from the petition for remonstrance by John Gentry of Goodlettsville, Tenn., argues that the general assembly should impose reforms on a political and legal system gridlocked in favor of the attorney and judicial classes.
By John Gentry, CPA
The undeniable fact that constitutionally guaranteed rights are no longer enforceable for Tennesseans, alone provides sound basis for General Assembly to exercise its supervisory power. No matter the crime or rights violation, Tennesseans cannot enforce their rights against state court judges, even when only seeking equitable relief. (1) If a citizen complains of rights violations or crimes perpetrated against them by a state court judge to The Tenn. Bd. of Judicial Conduct (TBJC), the complaint is dismissed.
The TBJC does not dispute the fact that the TBJC dismisses 100% of complaints filed by non-legal professionals.
(2) If suit is brought against the state court judge in state or federal court, the state asserts that “sovereign immunity” protects them in their official capacity and so too are these cases dismissed, even when only equitable relief is sought.
(3) In both federal and state courts, if suit is brought against a state court judge in his personal capacity, the state asserts “judicial immunity” protects them in their personal capacity, and again, the courts always dismiss these cases too, even when only equitable relief is sought.
(4) If suit is brought against the state for rights violations, the defense of “sovereign immunity” is used as a false cloak to deny enforcement of constitutionally guaranteed rights.
(5) If a Tennessean attempts to bring suit against a “governmental entity” for rights or federal law violations, the state has enacted unconstitutional statute providing false and unconstitutional immunity from suit (see below) as well the sovereign immunity defense. These undisputed facts leave no doubt that Tennesseans are provided no means to redress grievances against the state or its officials for rights violations. This singular fact provides sound basis for this General Assembly to assert its supervisory power.
According to the Chief Clerk of the House of Representatives, Tammy Letzler, the last time a Remonstrance was submitted to Tennessee’s General Assembly was in the year 1850. It should have never become necessary for this Petitioner to Remonstrate before this General Assembly. Your petitioner has humbly sought the protection of his government and redress through every possible channel, including law enforcement agencies, oversight agencies, state and federal courts, and even our highest court – all in vain. This matter brought before this General Assembly, is quite simply, history repeating itself. Have we not learned from the lessons of the past?
Does one not comprehend the similarities between this matter and the causes of our founders that led to our Declaration of Independence? Consider the words of Patrick Henry in his “Give me liberty or give me death speech.”
Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held 24 the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves. Sir, we have done everything that could be done, to avert the storm which is now coming on. We have petitioned; we have remonstrated; we have supplicated; we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free, if we mean to preserve inviolate those inestimable privileges for which we have been so long contending, if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained, we must fight! I repeat it, sir, we must fight! An appeal to arms and to the God of Hosts is all that is left us!
Already today, we see vigilante justice occurring because THE PEOPLE have no means for redress of grievances against state officials, particularly those involved in family court and child custody cases.‡ In recent news, little covered by the media; a shootout on the steps of a courthouse outside Chicago; eight social workers and attorneys killed in a shooting rampage in Arizona; and the all too common story of a spousal suicide-murder that includes children. How many more of these stories before proper action is taken to address the underlying problem of rampant court corruption and vexatious litigation? Correlation can even be found in the school shootings of which the entire nation is appalled, where the shooters are the product of parental alienation and vexatious litigation.
This is exactly the concern our president stated in executive order, referenced above: “Human rights abuse and corruption perpetuate violent conflicts; facilitate the activities of dangerous persons.” Rather than addressing the underlying problem causing the need for courthouse security, which is injustice served by corrupted court proceedings, the state has budgeted one million dollars ($1,000,000) for the single purpose of studying enhancement of court security, which is in analogy, to prescribe an aspirin for a headache caused by brain tumor.
In his book, THE FRATERNITY, Lawyers and Judges in Collusion, Judge Molloy noted that prior to corruption of our legal processes, court security had been unnecessary. If further failure of the government persists in failing to redress grievances, then eventually THE PEOPLE will find
themselves in the circumstance of our founders with no choice but to abolish the government and start over.
As also stated in Patrick Henry’s speech: “I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging of the future but by the past.” No person can predict the future, but our present circumstance of tyrannical courts can have but only one outcome, which is reform either from within the government or through THE PEOPLE, with the former being preferred to the latter. Knowing the lessons of the past, and through study of history, our present circumstance suggests we are only one or two generations away from large scale and organized demand for reform. Why wait for such a tipping point, when it remains within the power of the legislature to begin implementing corrective measures. Many lives can be saved, and our economy strengthened, if proactive action is taken now.
‡ It is important to note that petitioner does not have children, and is not a victim parental alienation. As a result of his advocacy, communicating with thousands of persons across the nation, the pain of parental alienation, and criminal abduction of children under color of law, studies evidence tremendous emotional and mental damage to both parents and children.